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Ohio Legal Malpractice Questions & Answers
1 Answer | Asked in Divorce, Legal Malpractice and Family Law for Ohio on
Q: If a magistrate gives my wife legal advice regarding our divorce and I have proof. Can I sue them?
Todd B. Kotler
Todd B. Kotler
answered on Jan 24, 2024

It is unlikely you can successfully sue the magistrate. In general, public officials enjoy what's called sovereign immunity. You may report the magistrate to your local Bar Association if they have truly stepped outside of their role and become an advocate for your wife. Mind you, simply... View More

2 Answers | Asked in Civil Litigation, Civil Rights, Constitutional Law and Legal Malpractice for Ohio on
Q: What happens after a violation of procedural due process? What options are available?
James L. Arrasmith
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answered on Nov 5, 2023

After a violation of procedural due process, you have the right to challenge the validity of the proceedings that denied you such due process. Options may include filing an appeal if within the appropriate time frame or seeking to overturn a decision through various post-judgment motions.... View More

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1 Answer | Asked in Legal Malpractice for Ohio on
Q: Can my lawyer have a meeting with someone who is not on my case with out me; about the case and not a party either.

It is a custody case my father has sat in with me and my lawyer on previous meetings my father is not a party in the case. I feel the attorney by bypassing me their client, and going to my father is a violation of my rights. My attorney called a meeting with my father without me to discuss details... View More

John Michael Frick
John Michael Frick
answered on Oct 5, 2023

Lawyers frequently discuss cases with witnesses and other individuals, including opposing counsel, without their client present.

It is perfectly permissible for your lawyer to interview your father as a potential fact witness in a custody case outside your presence.

On the other...
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1 Answer | Asked in Divorce, Domestic Violence and Legal Malpractice for Ohio on
Q: What if my divorce attorney failed to ask the court for a default divorce and instead dragged out the divorce 2 years?

I filed for divorce in October of 2020 and my husband didn't get an attorney nor file an answer until March 2021. My attorney charged me hourly and I just found out about defendants needing to respond in 28 days or there is a judgment by default. My husband was sent to prison for abusing me... View More

Todd B. Kotler
Todd B. Kotler
answered on Aug 25, 2023

Based upon your facts as stated, you may have an action against your former counsel. You have a one year statute of limitations to file. You should have your file reviewed by an attorney who specializes in malpractice. This forum is no substitute for hiring a lawyer.

1 Answer | Asked in Civil Rights, Constitutional Law, Landlord - Tenant and Legal Malpractice for Ohio on
Q: Can I get a judges decision overturned & compensated for loss of wages, loss of everything we ever owned & owe for

My family has been stripped & had everything I've accrued in my life,my garage,car,tools,my kids CLOTHES,Pics of deceased mom,even our pet!

I caught a county commissioner employee stealing. After a long 6mnth harassment. We had a day in court but the judge decided we owed $2000... View More

James L. Arrasmith
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answered on Mar 2, 2023

I'm sorry to hear about your situation. It sounds like a difficult and unjust experience. To answer your question, it may be possible to appeal a judge's decision and seek compensation for losses, but it would depend on the specific circumstances of your case and the applicable laws in... View More

1 Answer | Asked in Collections, Education Law and Legal Malpractice for Ohio on
Q: I have a University that keeps filing suits, and I don't know at all about them until my name is found online. It's bad.

They have apparently filed to take my chance of owning land in my county, and have recently tried to take my wages and have them garnished. I'm a disabled individual since 2011. I haven't received any mail from them since they kicked me from their school. I only know about these things... View More

Tim Akpinar
Tim Akpinar
answered on Jan 3, 2024

An Ohio attorney could advise best, but your question remains open for two weeks. Find out what the suits are for, either on your own or through an attorney. Consider consulting with an attorney to learn if you have viable defenses that might be cost effective to pursue in terms of the initial... View More

1 Answer | Asked in Legal Malpractice and Medical Malpractice for Ohio on
Q: I paid my lawyer quite a bit of $$ to sue an ohio doctor for malpractice; lawyer sued the wrong doctor.

I gave my lawyer tons of paperwork; the correct doctor's name is on a lot of the documentation. He sent the ppwk to the main hospital, I told him no the surgery was done in Parma not cleveland. he said it didn't matter. He emails me over the weekend to tell me the THOUSANDS of dollars I... View More

Joel Gary Selik
Joel Gary Selik
answered on Oct 29, 2023

The attorney may be able to amend to bring in the correct doctor and it be deemed within the statute of limitations. Otherwise you may have a legal malpractice case—Consult with experienced legal malpractice attorneys in the state where this occurred.

1 Answer | Asked in Civil Rights, Constitutional Law and Legal Malpractice for Ohio on
Q: How to find a attorney that will file suit against the county for Prosecutorial misconduct false arrest and imprisonment

Warren county Ohio, and I have a plethora of additional information/ criminal actions

John Michael Frick
John Michael Frick
answered on Sep 4, 2023

Because such claims are rarely successful and very expensive to pursue, your best strategy is to offer a significantly higher hourly fee backed up by a six figure retainer to persuade a competent and experienced attorney to take such a case.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Legal Malpractice for Ohio on
Q: My friend was convicted of a crime we feel her attorney didn't do his job. What can we file to re open case

He refused to let her see the motion of discovery. She tried to fire him the judge wouldn't let her. She told him things to help prove her side some he didn't even look into. They made a murder series episode about her case the interviews were shown a couple things were complete and could... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 18, 2023

There are many requirements in legal malpractice cases that very state by state. One requirement in some states is an actual finding of innocence. Consult with experienced legal malpractice attorneys in the state where this occurred.

1 Answer | Asked in Landlord - Tenant and Legal Malpractice for Ohio on
Q: Can a real estate broker that manages a property for a foreign llc act as the attorney for the llc in an eviction. Ohio
Nicholas P. Weiss
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answered on Oct 26, 2022

No.

1 Answer | Asked in Family Law, Personal Injury, Legal Malpractice and Military Law for Ohio on
Q: My lawyer signed away my rights without me knowing. Should I sue?

I'm an active duty Marine stationed in NC. I'm from OH. Mother of my child was homeless and on meth so my mother assumed emergency temporary custody. She hired my attorney to protect my rights and then hired herself one by recommendation from my attorney. Both attorneys said for me not to... View More

Elizabeth Fowler Lunn
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answered on Jun 5, 2021

Ohio law governs the custody case. If you want to find out if you can sue your lawyer for malpractice you need to speak with a legal malpractice attorney in Ohio. You may also want to consult with a new family law attorney about the order in your custody case. You will need a copy of the entire... View More

2 Answers | Asked in Family Law and Legal Malpractice for Ohio on
Q: Me and my ex share a kid and she is forcing me to get the covid vaccine if I want to continue seeing my kid. Is it legal

She already didn't let me see him for over two months because our Governor had the stay at home order in Ohio and now she is forcing me to get the vaccine if I want to continue seeing my son. I wondering if all this that she is doing is actually legal.

Joseph Jaap
Joseph Jaap
answered on Mar 15, 2021

If you were not married to her, and if no court has granted you any parental rights, then she has sole custody and gets to determine who gets to spend time with the child, or even deny time completely. You could apply to the court for parental rights, but a judge might agree that she can refuse... View More

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1 Answer | Asked in Criminal Law and Legal Malpractice for Ohio on
Q: If a person retains a lawyer for someone else, are THEY his client? Or is the Defendant his client? Who holds a-c priv?

My husband's mother retained a lawyer to represent him. We have asked the attorney repeatedly not to give details of the case to his mother. This lawyer has shared INTIMATE details of his case with his mother, even going so far as to show her the bodycam footage of the incident! He insists... View More

Matthew Williams
Matthew Williams
answered on Feb 16, 2021

Your husband has a attorney client privilege. Revealing information to his mother without his consent is a violation of that privilege. See Ohio Rules of Professional Conduct 1.6 and 1.8(f). Your husband, not you, not his mother, has the rights of the client which include the right to fire his... View More

1 Answer | Asked in Legal Malpractice for Ohio on
Q: When will my deadline start for me to file a legal malpractice lawsuit against a former lawyer?

My brothers lawyer failed to tell him about a 10 yr plea deal. Its been seven years since his conviction where he got life. It was uncovered last year that a email was sent to the lawyer about the 10 plea deal before his trial 17 years ago. A firm filed a post conviction in February to the trial... View More

Edward X. Clinton, Jr
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answered on Dec 21, 2020

Hi, your question comes up very often. The first to do is to focus on winning the post-conviction petition. Many states have a rule that the plaintiff (former prisoner) has to establish actual innocence before filing a lawsuit. So, I would focus on that requirement before worrying about a... View More

1 Answer | Asked in Legal Malpractice for Ohio on
Q: Can a lawyer get away with it?

I just got done with a custody battle with my boys dad. His lawyer and I have to go sign papers at court on friday. She has been texting me trying to get me to sign so we dont have to go Friday. She added things that were not talked about or agreed to, so I will not sign. Now she stating she going... View More

Anthony C. Satariano
Anthony C. Satariano
answered on Feb 13, 2020

In Ohio, it is not uncommon for custody battles to end in this ways: 1) the parties come to an agreement that is read into the record in court, 2) the judge then orders an attorney to write up the agreement matching those terms before a specific date in the future and 3) the court set a hearing... View More

1 Answer | Asked in Legal Malpractice, Probate and Wrongful Death for Ohio on
Q: Where can I get a pro bono. Lawyer to look at my case to see if i have grounds

I

Mary Ellen Leslie
Mary Ellen Leslie
answered on Jul 3, 2019

If you call me at (614)855-3126, I will be happy to discuss your case with you.

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Legal Malpractice for Ohio on
Q: How can my wife remove my name from our joint mortgage loan without me knowing until I found out on my own? 2162338367

I damaged my skull after falling down stairs in 2011. No drugs or alcohol tested for at the hospital. We agreed on a separation for me in an apartment because we did not want to let the kids see any seizures I might have. No separation of marriage or divorce but she said that we are separated by... View More

Denise Rini
Denise Rini
answered on May 8, 2019

The only recourse is to contact Wells Fargo for the bank policies.

1 Answer | Asked in Appeals / Appellate Law and Legal Malpractice for Ohio on
Q: CAN I GET A LEGAL MALPRACTICE ATTORNEY CONCERNING NEGLIGENCE FROM A COURT ORDERED APPEALS ATTORNEY?

I HAVE A CHILD CUSTODY ISSUE THAT HAS BEEN GOING ON SINCE 2012. IT WAS WITH CPS AT ONE POINT IN TIME NOW IT IS A PRIVATE CUSTODY MATTER BETWEEN MYSELF, THE FATHER OF ONE OF MY CHILDREN, AND A COUPLE OF CUSTODIANS THAT HAVE MY CHILDREN. I FILED A MODIFICATION OF CUSTODY, AND VISITATION. BOTH THE... View More

Matthew Williams
Matthew Williams
answered on Oct 8, 2018

Please don't write in ALL CAPS. It's hard to read. It sounds like the appellate court did one of two things: (1) found that there was no final appealable order, or (2) indicated that without findings of fact and conclusions of law, they didn't have a sufficient record to overturn the... View More

1 Answer | Asked in Civil Litigation, Elder Law, Legal Malpractice and Medical Malpractice for Ohio on
Q: Mom is 66 I have POA,she sold LLC, she was president, now they are trying for her personal assets,she has none,on ssi?

Original buyer never paid full amount for business, we obtained a judgment, our attorney did not act on the remainder due( we will be sueing him- that's another story) they appealed, now they are claiming she hid business assets- untrue, she lost her home, had major medical problems and... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 12, 2018

I think I answered this already. Did the tavern have insurance? That should cover the claim, get her an attorney. If the claimant settled, see the release. Otherwise, get a consult from a bankruptcy attorney. That would put the other proceedings on hold.

1 Answer | Asked in Legal Malpractice for Ohio on
Q: Can an obgyn doctor legal drop a patient from them who is 27 weeks pregnant?

My wife and I have been seeing an obgyn for several months now and we just got a letter in the mail saying that due to failure to keep a good relationship she is dropping my wife as a patient who is 27 weeks pregnant. We are always nice and respectful to her and the office when we are there.

Matthew Williams
Matthew Williams
answered on Jul 23, 2018

Generally, when a doctor says "failure to keep a good relationship," they mean failure to pay the bills. I am aware of no law that requires any doctor to continue seeing a patient really under any circumstances. Emergency rooms have to stabilize folks but that;s about it.

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